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2023 Supreme(All) 1712

CHANDRA KUMAR RAI
Haseena – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioners: Sanjay Kumar Pundir.
For the Respondents: Abhishek Shukla, Addl. C.S.C., B.K. Singh Raghuvanshi, Kaushal Kumar Mani.

JUDGMENT :

(Chandra Kumar Rai, J.)

1. Heard Mr. Sanjay Kumar Pundir, learned counsel for the petitioners, Mr. Abhishek Shukla, learned Addl. C.S.C. for the state-respondents and Mr. B.K. Singh Raghuvanshi, learned counsel for respondent no.6.

2. Brief facts of the case are that Khata No.151 Plot No.163 area 0-4-0 Biswa situated in Village-Bhuribans, Tehsil-Nakur, District-Saharanpur was recorded as banjar in the basic year khatauni of 1359 fasli. In the first consolidation operation commenced in the year 1967-68 New Plot No. 123 area 0-6-0 Biswa of Khata No. 115 was carved out from old Plot No. 163/2 of Khata No.151. According to petitioner, he belongs to OBC category caste ‘teli’ Muslim by religion and permanent resident of Village-Bhuribans being landless agricultural labourer living below poverty line. According to petitioners they have constructed pucca house with bricks and khaprail to its appurtenant land in area of 180 square meters and are in possession over the same for last more than 25-30 years however respondents are denying the petitioner’s possession in any manner. Department of Telecommunications Government of India under the Universal Service Obligation Fund (USOF) h

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